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1965 Supreme(Mad) 398

RAMAKRISHNAN, SADASIVAM
Mrs. Nesamoney Daniel – Appellant
Versus
Government of Madras, represented by the Secy. to the Govt. Education and Public Health Dept. Madras – Respondent


Advocates:
G. Vasantha Pai, for Appellant; K. Venkataswami for Addl. Govt. Pleader and Dolia and Aiyer, for Respondents.

Judgement

RAMAKRISHNAN, J. :- These appeals are directed against the order of Srinivasan, J. in W. P. 123 and 124 of 1961 in which the prayers were for the issue of a writ of certiorari and consequent writ of mandamus respectively. The prior facts required for a consideration of these two appeals are briefly the following :

The appellant Mrs Nesamoney Daniel was employed as a teacher in the Government aided Primary School, Pannimade estate, Annamalais. Under the rules issued by the Deputy Inspector of Schools, the appellant in her capacity as a teacher of a primary school, was obliged to take an insurance policy on her life. As instructed by the Life Insurance Corporation, she presented herself for medical examination, to one Dr. E. V. Mathai, M.B.B.S. the third respondent in the two writ petitions, who was at that time employed by the estate, in which the teacher was also employed. Sometime later, she received a communication from the Life Insurance Corporation stating that the report of the third respondent showed that 20 years previously she had been operated upon for hysterotomy (removal of the uterus). She was asked to give a history of the operation including the details. The a

































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